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HomeMy Public PortalAboutPolicy Resolution-19 R2016-006R2016-6 (Policy Resolution No. 19) Page 1 of 2 January 19, 2016 RESOLUTION R2016-6 POLICY RESOLUTION NO. 19 POLICY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, REGARDING NORMS OF OPERATION AND RULES OF ORDER AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS AND UPDATING POLICY RESOLUTION NO. 19 WHEREAS, the City Council has an interest in establishing Rules of Order and Norms of Operation that adhere to relevant state and local law and provide for an environment which adheres to open and public discourse; and WHEREAS, the City Council has previously adopted Policy Resolution No. 19 as updated on February 19, 2008, (R2008 32, hereinafter referred to as the “2008 Policy Resolution”), to establish procedures by which the meetings conducted by City Council are operated. WHEREAS, there is a need to update the procedures for conducting meetings to be consistent with Policy Resolution No. 10 (related to meetings of City Commissions) and to incorporate references to the requirements of State law related to the Brown Act and the Political Reform Act. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows: 1.The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution. 2.The City Council hereby repeals the 2008 Policy Resolution (R2008 32) and hereby adopts Policy Resolution No. 19, as set forth in Exhibit “A,” attached hereto and incorporated herein by reference. 3.The City Council hereby authorizes the City Attorney to attach to this Resolution a summary of the requirements of the Brown Act, as relevant to the responsibilities of members of the City Council and to update that attached summary as necessary to describe the requirements of State law (see Exhibit “B”). 4.The City Council hereby authorizes the City Attorney to attach to this Resolution a summary of the requirements of the Political Reform Act (and related conflict of interest laws), as relevant to the responsibilities of members of the City Council, and to update that summary as necessary to describe the requirements of State law (see Exhibit “C”). Page 1 of 37 R2016-6 (Policy Resolution No. 19) Page 2 of 2 January 19, 2016 5. This Resolution shall take effect immediately upon its adoption. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 19th day of January, 2016, by the following vote: AYES: Mott, Inman, Luros, Sedgley, Techel NOES: None ABSENT: None ABSTAIN: None ATTEST: ________________________ Dorothy Roberts City Clerk Approved as to form: ___________________________________ Michael W. Barrett City Attorney Page 2 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 1 of 24 Policy Resolution No. 19 1. Adoption. The City Council hereby approves the updated Policy Resolution No. 19 (hereinafter referred to as “Policy Resolution No. 19” or “this resolution”), as set forth herein. 2. Purpose and Goals. 2.1. The City Council shall conduct its meetings in an open and public manner in accordance with the “Brown Act” (California Government Code Section 54950 et seq.; as summarized in this resolution, and Exhibit “B,” attached hereto and incorporated herein by reference), and in a manner that will provide reasonable and equitable opportunities for representatives of all sides of an issue to civilly present their ideas and concerns to the Council. 2.2. The City Council intends this resolution to document the procedural parameters by which the Council will conduct its meetings, and by which the Council will communicate with City staff and members of the public, consistent with the requirements of State law (including the State Conflict of Interest laws, as summarized in this resolution, and Exhibit “C,” attached hereto and incorporated herein by reference) and the City’s constitutional “home rule” authority as a charter city pursuant to California Constitution Article XI, Section 5. 2.3. The City Council shall take action on only those items that are within the subject matter jurisdiction of the City, as authorized by the City Charter. 2.4. This resolution is adopted pursuant to Charter Section 61, which provides for the Council’s establishment of its rules and order of business. 3. Regular Meetings of the City Council. 3.1. The date, time, place, and agenda notice of each regular meeting shall be as set forth in this resolution, unless otherwise specified by ordinance or resolution of the City Council. The City Council shall hold a regular meeting at least once a month. (See California Government Code Section 54954; City Charter Section 60; and Napa Municipal Code Section 2.04.050.) 3.2. Regular meetings of the City Council shall be held on the first and third Tuesday of each month, commencing at 3:30 p.m., at City Hall Council Chambers, 955 School Street, Napa, California, unless modified pursuant to Napa Municipal Code Section 2.04.050. 3.3. The agenda for each regular meeting shall identify the date, time, and place of the meeting, with a brief general description of each item of business to be Page 3 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 2 of 24 transacted or discussed at the meeting, and the order of business. The agenda shall be posted at least 72 hours before the meeting at a location that is freely accessible to members of the public. At a minimum, the agenda shall be posted at a visible location in front of City Hall at 955 School Street, Napa, California. (See California Government Code Section 54954.2.) 3.4. The agenda for each regular meeting shall identify the scheduled order of business. The agenda shall be established by the City Manager according to the guidelines set forth in Section 5 of this Resolution; however, the Mayor may modify the order of business if it is determined that the modification will facilitate the efficient and fair conduct of the meeting. The order of business as established by the City Manager or the Mayor may be overridden by a vote of the City Council per Section 5.3 of this Resolution. 4. Types of City Council Meetings. In addition to holding regular meetings, as described above, the City Council may conduct any of the following types of meetings in accordance with the Brown Act: 4.1. Special Meetings. 4.1.1. A special meeting may be called at any time by the Mayor, or by a majority of the members of City Council. The agenda notice of the special meeting shall be prepared and delivered in accordance with California Government Code Section 54956 and Section 9.4 of this Policy. 4.1.2. The agenda notice for each special meeting shall identify the date, time, and place of the meeting, with a brief general description of each item of business to be transacted or discussed at the meeting, and the order of business. The agenda shall be posted at least 24 hours before the time of the meeting at a location that is freely accessible to members of the public. At a minimum, the agenda shall be posted at a visible location in front of City Hall at 955 School Street, Napa, California. 4.1.3. The agenda for each special meeting shall identify the scheduled order of business. The order of business for each agenda shall be established by the City Manager; however, the Mayor may modify the order of business if it is determined that the modification will facilitate the efficient and fair conduct of the meeting. The order of business as established by the City Manager or the Mayor may be overridden by a vote of the City Council per Section 5.3 of this Resolution. 4.2. Closed Sessions. The City Council is authorized to meet in a closed session meeting, not open to the public, as a part of any noticed regular meeting or special meeting. The subject matter of any closed session meeting shall be limited to the topics authorized by the Brown Act, and notices of closed session Page 4 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 3 of 24 topics shall be made as required by the Brown Act, as generally summarized by California Government Code Section 54954.5. 4.2.1. The City shall publicly report any action taken in closed session pursuant to California Government Code Section 54957.1. 4.2.2. The City Council designates the City Clerk to attend closed session meetings of the City Council and keep confidential closed session minutes, pursuant to California Government Code Section 54957.2. 4.3. Adjourned Meetings. Any regular meeting or special meeting may be adjourned to a different date, time, and/or place as specified in an order of adjournment posted pursuant to California Government Code Section 54955. (See also Subsection 7.5.4.1.) 4.4. Continued Hearings. Any hearing (that is noticed to be held by the City Council at any regular meeting or special meeting) may be continued to a different date, time, and/or place as specified in an order or notice of continuance posted pursuant to California Government Code Section 54955.1. 4.4.1. Items that are continued from one meeting to a subsequent meeting shall be provided preference for consideration by Council at the subsequent meeting. 4.5. Joint Meetings. The City Council may jointly meet with another legislative body (such as the City of Napa Planning Commission, or the County of Napa Board of Supervisors) as a part of any noticed regular meeting or special meeting of the City Council. 4.6. Emergency Meetings. The City Council is authorized to hold an emergency meeting if a majority of the members of the City Council determines that there is an “emergency situation” as defined by California Government Code Section 54956.5. The City shall provide notice of the emergency meeting as required by California Government Code Section 54956.5, which generally requires notice to be provided one hour prior to the meeting. The City shall also provide notice to each member of Council pursuant to Section 9.4 of this Policy. 4.7. Teleconference Meetings. The City Council is authorized to connect less than a quorum of individual members of Council to any regular meeting or special meeting by “teleconferencing” (connecting the Council members to the meeting by electronic means, through either audio or video, or both) pursuant to the requirements of the Brown Act (California Government Code Section 54953). An individual member of City Council may request authorization from City Council to connect to a particular meeting by teleconferencing. If the City Council determines that teleconferencing is warranted for the benefit of the public and the City Council for that particular situation, the City Council may direct the City Page 5 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 4 of 24 Manager to implement a teleconferenced meeting pursuant to the requirements of the Brown Act. 5. Order of Business for Regular Meetings. The City will endeavor to maintain a consistent order of business for agenda items for regular meetings pursuant to the guidelines set forth in this Section 5; however, exceptions may be warranted based on unusual or unexpected circumstances in order to facilitate the efficient and fair conduct of the meeting. 5.1. Call to Order (Afternoon Session). The Mayor will call each regular meeting to order at 3:30 p.m. The portion of the meeting commencing at 3:30 p.m. may be referred to as the “Afternoon Session” of the City Council meeting. 5.1.1. The members of the City Council, along with two tenants appointed by the City Council, serve as the Board of Commissioners for the Housing Authority of the City of Napa (“HACN”). Pursuant to the HACN Bylaws, unless otherwise specified by resolution of the HACN Board, HACN holds its regular meetings on the first Tuesday of each month at 3:30 p.m. at City Hall Council Chambers. Thus, on the first Tuesday of each month, the regular meeting of the HACN Board will first be called to order at 3:30 p.m. Immediately following the conclusion of the HACN Board meeting, the business of the City Council regular meeting shall commence. 5.1.2. The members of the City Council serve as the Agency Board for the Successor Agency to the Napa Community Redevelopment Agency (“Successor Agency”). 5.2. Roll Call (Afternoon Session). The City Clerk will call the roll for the City Council. 5.3. Agenda Review. If it is determined (by the Mayor, the City Manager, or a vote of City Council) that there is a need for any changes to the agenda in order to facilitate the efficient and fair conduct of the meeting, it is appropriate to identify the changes at the beginning of the Afternoon Session. However, changes to the agenda may be approved by the Mayor or a vote of the City Council at any time during the Council meeting (as authorized by Section 3.4 of this Resolution). 5.3.1. Factors which may be considered in changing the order of business for the agenda include: the number of speakers who wish to address the Council for particular items, the estimated time required to consider and act on the items on the agenda, the time available to address items on the agenda, and any other factors that are unusual or were unanticipated at the time the agenda was prepared. 5.4. Public Comment (Afternoon Session). Page 6 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 5 of 24 5.4.1. The Public Comment period provides an opportunity for members of the public to directly address the City Council on any item of interest to the public that is within the subject matter jurisdiction of the City. (California Government Code Section 54954.3.) 5.4.2. Unless modified pursuant to Resolution Section 6, each speaker’s comments will be no more than three minutes, and will comply with the requirements of this Resolution. 5.4.3. If the subject of the comments is covered under an item on the meeting agenda for which Council will separately hear public comments (such as Hearings and Appeals), the member of the public may be requested to reserve comments to the appropriate time on the agenda. 5.4.4. If the subject of the comments is covered under an item on the meeting agenda for which Council is not required to separately hear public comments (such as Consent Calendar and Administrative Reports), the member of the public may make the comments during the Public Comment period, and/or request City Council (subject to approval by the Mayor or a vote of the Council) to accept public comment prior to taking action on the item. 5.4.5. If the subject of the comments is not covered under an item on the meeting agenda, the Brown Act strictly limits the City’s ability to respond. (California Government Code Section 54954.2.) Consistent with the Brown Act, the City’s response will be limited to either: (1) the Mayor or a member of City Council may provide, or the Mayor may direct City staff to provide, a brief response to comments made; or (2) a vote of the City Council may direct staff to bring back a report in response to the comments at a subsequent meeting. 5.5. Consent Calendar. Consent Calendar items are considered routine, and may be approved by a single vote of the City Council. The Mayor or any Councilmember may request that any item be removed from the Consent Calendar so that Council action may be taken separately on the item. Public input will be accepted at this time only if approved by the Mayor or a vote of the Council. Typically, the Consent Calendar may include items such as approval of minutes, second reading of ordinances, appropriation of funds, and approval of contracts. 5.6. Administrative Reports (Afternoon Session). Administrative Report items include reports and recommendations from City staff that do not require a public hearing prior to action by the City Council. Public input will be accepted for Administrative Reports only upon approval by the Mayor or a vote of City Council. Administrative Report items scheduled in the Afternoon Session are generally items for which significant public input is not expected, typically due to the routine or non-controversial nature of the report. If time does not permit Page 7 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 6 of 24 discussion of Administrative Report items in the Afternoon Session, or if significant public input is expected, the item may be considered by City Council in the Evening Session. 5.7. Brief Comments by Council or City Manager (Afternoon Session). A member of City Council or the City Manager may ask a question for clarification, make a brief announcement, or make a brief report of his or her activities (including participation on City ad hoc committees, or other legislative bodies such as the Napa Sanitation District). (California Government Code Section 54954.2.) An individual member of Council may request staff to report back on a matter or place a matter for discussion on a subsequent meeting agenda (including a motion for reconsideration under Section 7.7.5), subject to approval of direction to staff by a vote of the City Council. 5.8. Closed Session. The last item on the public agenda for the Afternoon Session shall be the announcement of items of closed session, pursuant to Section 4.2 of this Resolution. 5.8.1. Each member of Council and City staff shall maintain the confidentiality of any written or oral information provided during closed session meetings. 5.8.2. No member of Council or City staff shall reveal any confidential information communicated during closed session except to the extent authorization is provided by a vote of City Council. 5.9. Recess. Following the announcement of items of closed session, the Mayor is authorized to call a recess of the public portion of the regular meeting until 6:30 p.m. 5.10. Call to Order (Evening Session). At 6:30 p.m., the Mayor will call the Evening Session of the meeting to order. 5.11. Roll Call (Evening Session). The City Clerk will call the roll for the City Council in the Evening Session, in the same manner as the Afternoon Session. 5.12. Pledge of Allegiance. 5.13. Special Presentations. Special presentation items generally include recognition of persons or groups for service to the community. 5.14. Report Actions Taken In Closed Session. This is a report of action taken in closed session, if any, as required pursuant to California Government Code Section 54957.1. Page 8 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 7 of 24 5.15. Public Comment (Evening Session). Members of the public may speak during the Public Comment (Evening Session), under the same rules that apply to the Public Comment (Afternoon Session). 5.16. Administrative Reports (Evening Session). See description under Administrative Reports (Afternoon Session), above. 5.17. Hearings and Appeals. 5.17.1. Consent Hearing. If an item is required to be noticed as a public hearing, but the City is not aware of any interest by members of the public to comment on the item, the item may be listed as a “Consent Hearing.” For each Consent Hearing item, the Mayor shall announce to the public the item to be considered, and ask if there is anyone present who wishes to be heard on the item. If anyone wishes to be heard, the item shall be considered under the processes for a Public Hearing (below). If no person indicates an interest to be heard, the City Council may consider the public hearing to have been opened and closed, and the City Council may take action on the item. 5.17.2. Public Hearings. 5.17.2.1. For each Public Hearing or Appeal, the title of the item to be heard will be announced, and the Mayor shall announce the opening of the public hearing for the item. After opening the public hearing: 5.17.2.1.1. The Mayor or any Councilmember may request a report from City staff to summarize the item to be considered, or to address specific items of concern. 5.17.2.1.2. The Mayor shall ask each member of Council to disclose the nature and substance of any information received prior to the hearing (that is not included in the information presented during the hearing) that could be relevant to the decision making process for the item (such as site visits or communications with constituents) 5.17.2.1.3. The applicant or appellant shall have the first opportunity to present testimony. The applicant or appellant shall be provided ten minutes for the opening statement. 5.17.2.1.4. Members of the public shall then be provided up to three minutes each to present testimony or comments during the public testimony portion of the public hearing (subject to modification pursuant to Section 6.1.4). When the Council determines that all members of the public have had an opportunity to present testimony or comments (pursuant to Subsections 6.1 and 6.3), the public testimony period may be closed by vote of the City Council. After the public testimony period is closed, it may be reopened only by a vote of the City Council. Following the close of the public testimony period, the City Council may request additional Page 9 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 8 of 24 information during the public hearing pursuant to Subsections 5.17.2.1.6 without necessitating a “reopening” of the public testimony period. 5.17.2.1.5. The applicant or appellant shall be provided five minutes for a closing statement at the end of the public testimony portion of the public hearing. 5.17.2.1.6. During the public hearing, the City (by the Mayor, or a vote of the City Council) may request additional information from City staff, the applicant or appellant, or members of the public. In requesting additional information, the Mayor shall have the authority, pursuant to Resolution Section 6.1, to direct the speaker to limit comments to a particular topic (avoiding duplication of comments already made), and to limit comments to a particular amount of time. The Mayor shall also have the authority, pursuant to Resolution Section 6.1, to allow limited rebuttal testimony, including direction to the rebuttal speaker to limit comments to a particular topic (avoiding duplication of comments already made), and to limit comments to a particular amount of time. 5.17.2.1.7. When the Council determines it has received sufficient relevant information to render a decision on the item, the public hearing may be closed by vote of the City Council. After the public hearing is closed, it may be reopened only by a vote of the City Council. 5.17.2.1.8. After closing the public hearing, members of Council may deliberate among themselves regarding the information presented during the hearing. Additional testimony may be taken after the public hearing is closed only by vote of the City Council to reopen the public hearing. Members of Council shall refrain from deliberating on an item until after the public hearing is closed. 5.17.2.1.9. After closing the public hearing, the City Council may take action on the item. 5.17.3. Ordinances. The first reading of all ordinances shall be scheduled for action as a public hearing or consent hearing item. The written publication of the ordinance as a part of the Council Reports shall be considered the “reading” of the ordinance, and oral reading of the ordinance shall be deemed waived unless requested by a vote of the City Council. 5.18. Brief Comments by Council or City Manager (Evening Session). See description under Brief Comments by Council or City Manager (Evening Session), above. 5.19. Adjournment. After the Mayor determines that all items on the agenda have been addressed by the Council, which determination may be overridden by a Page 10 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 9 of 24 vote of the City Council, the Mayor shall announce the meeting is adjourned. This determination that a meeting is adjourned is distinguished from a “motion to adjourn to another time and place” (as set forth in Subsection 7.5.4.1). 6. Conduct of the Meetings. 6.1. Mayor’s Authority as Chair of City Council meetings. The Mayor shall preside at all meetings of the City Council, and shall exercise the authority set forth in the City Charter, the Napa Municipal Code, and this Resolution. (City Charter Section 60.) In the Mayor’s absence at a City Council meeting, the Vice-Mayor shall have all power and authority of the Mayor. (City Charter Section 59A.) In the absence of the Mayor and the Vice-Mayor at a City Council meeting, a majority of the remaining members of Council shall appoint a chair to exercise the power and authority of the Mayor for that meeting (or portion of a meeting). 6.1.1. The Mayor shall facilitate and guide the meeting in order to achieve the goals of this Resolution. 6.1.2. The Mayor shall establish seating assignments for members of City Council. 6.1.3. The Mayor shall be entitled to make and second motions, and vote on all items presented to Council for action. 6.1.4. The Mayor may modify (increase or decrease) any time requirement for any speaker (whether a member of the public, or an applicant or appellant at a public hearing), or limit the total amount of time available for any item on the agenda, or limit the total number of speakers for any item on the agenda, or request a spokesperson be identified to represent a group of people to minimize duplication of presentations, to the extent it is determined that one or more of these modifications will facilitate the efficient and fair conduct of the meeting. (California Government Code Section 54954.3(b).) Although a modification of the time requirements for speakers may result in one or more speakers having more or less time than others to present comments to the City Council (based on a weighing of factors such as those set forth in Sections 5.3, 5.17.2.1.6, and 6.1.5 of this Resolution), any modifications of the time requirements for speakers shall be based on factors that may be equitably applied to all speakers. The Mayor may use speaker cards to facilitate the goals set forth in subsections 6.1 and 6.3. 6.1.5. If the Mayor determines that any person is out of order based on a lack of compliance with the requirements of this Resolution, the Mayor may direct appropriate action to restore order to the meeting. 6.1.5.1. Actions that may be considered out of order by the Mayor may include any activity that is inconsistent with the requirements of this Page 11 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 10 of 24 Resolution, presentations that are unnecessarily repetitive, presentations that are outside the subject matter jurisdiction of the City Council, presentations that are outside the scope of the agenda item under consideration, presentations made without being recognized by the Mayor (for example, speaking from the audience instead of from the lectern, interrupting other speakers recognized by the Mayor, or continuing to speak after being identified by the Mayor as being out of order), and acting in a manner that is threatening, violent, disruptive, or otherwise impedes the orderly conduct of the Council meeting. 6.1.5.2. Nothing in this Resolution shall prohibit public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the City Council. (California Government Code Section 54954.3(c).) 6.1.5.3. Actions that may be taken to restore order to the meeting may include: call the person to order and require the person to comply with any rule set forth in this Resolution, require the person to terminate his or her remarks, ordering a recess of a specified duration (e.g., 15 minutes), ordering the removal of any person who is found to be willfully disrupting the meeting. 6.2. Rules of Decorum for Members of City Council. 6.2.1. Each member of Council shall maintain order and decorum in accordance with this Resolution, and shall respect the Mayor’s authority to conduct each meeting of City Council in accordance with this Resolution. 6.2.2. No member of Council shall disturb, disrupt, or interrupt any other member of Council, any member of City staff, or any member of the public who is speaking in accordance with this Resolution. 6.2.3. Once a Councilmember is recognized to speak, no other person shall interrupt the Councilmember, unless the Councilmember is called to order by the Mayor. 6.2.4. Each member of Council shall confine his or her remarks to the agenda item under consideration, and shall speak only when recognized by the Mayor (unless otherwise provided by this Resolution). An attempt by any member of Council to make comments or motions that are not related to the item under consideration, or to make repetitive motions on items that have already been considered by Council, shall be considered out of order. 6.2.5. Each member of Council shall have a right to be heard on each item on the agenda. No Councilmember shall speak more than once on any item on the agenda until every other Councilmember has had an opportunity to speak. Page 12 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 11 of 24 6.3. Rules of Decorum for Members of the Public. 6.3.1. During meetings of the City Council, members of the public will have opportunities to address the Council, as identified in the written agenda for that meeting (See Sections 3.4, 4.1.3, and 5 of this Resolution). Members of the public desiring to address the Council shall come forward to the lectern microphone, and shall be requested (but not required) to provide their name, city of residence, and organization represented (if any). 6.3.2. Unless otherwise specified in this Resolution (e.g., public hearings under Section 5.17 of this Resolution), or approved by the Mayor, each person shall be limited to one presentation per agenda item (no more than three minutes per presentation). 6.3.2.1. In order to monitor compliance with this requirement, the City Clerk will indicate (with auditory or visual means) when one minute remains, and when the speaker’s time has ended. 6.3.2.2. If a member of the public needs additional time for a particular agenda item, a request should be submitted for approval by the Mayor prior to beginning the presentation. 6.3.3. Comments made by the public during Council meetings should be directed to the City Council. It is out of order for a member of the public to attempt to directly address members of the audience or members of City staff. 6.3.4. If a member of the public desires to present written communications to the City Council during the Council meeting, the communication shall be submitted to the City Clerk. The City Clerk will identify the communication as a part of the minutes of the meeting. Members of the public are requested to provide 15 copies of each written communication so that sufficient copies are available for review during the meeting by City Council, City staff, and members of the public. 6.3.5. Unless otherwise authorized by the Mayor, members of the public shall present their comments to the Council without seeking a dialogue with the City Council. At the close of all comments to the Council for a particular agenda item, the Mayor may direct a response by City representatives to comments made by members of the public. Page 13 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 12 of 24 6.4. Written Reports and Communications to City Council. 6.4.1. For each City Council meeting, in addition to the meeting agenda (described in Sections 3 and 4.1 of this Resolution), City staff prepares a written set of agenda reports (hereinafter “Agenda Reports”). The Agenda Reports are provided directly to each member of Council, and are available for public review upon request to the City Clerk, at least 72 hours prior to a regular meeting of the City Council and 24 hours prior to a special meeting of the City Council. 6.4.1.1. The City Manager and the City Clerk endeavor to provide documents to each member of Council (and make the documents available for public review) as early as possible prior to the Council meeting, particularly for controversial or complicated agenda items (for which there may be voluminous documents included in the agenda report). It is the goal of the City Manager and the City Clerk to have Agenda Reports available for public review on the Friday prior to the following Tuesday Council meeting. 6.4.1.2. The City Manager and the City Clerk endeavor to make documents available for public review in a range of locations (such as the public library, and the internet) that will facilitate public access to public information. 6.4.2. At least one public review set of the Agenda Reports will be available during the Council meeting in the Council Chambers. The City Clerk will endeavor to provide sufficient public review copies of the Council agenda and the Agenda Reports to meet the public demand for each meeting. 6.4.3. If a member of the public requests a written communication be presented to the City Council as a part of a City Council meeting, it may be identified in the minutes as a part of the administrative record of the meeting, subject to the following: 6.4.3.1. If the written communication directly relates to an item on the agenda, and it is received by the City Clerk no later than 8 calendar days prior to the meeting, a copy of the communication will be included in the Agenda Reports for that meeting, and the communication will be identified in the minutes of the meeting. 6.4.3.2. If the written communication directly relates to an item on the agenda, and it is received by the City Clerk prior to or during the Council meeting (but later than 8 calendar days prior to the meeting), the City Clerk will provide a copy of the communication to each member of City Council, and the communication will be identified in the minutes of the meeting. Page 14 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 13 of 24 6.4.3.3. If the written communication is within the subject matter jurisdiction of the City Council but it does not directly relate to an item on the agenda, the City Clerk will provide a copy of the communication to each member of the City Council, and it will be identified in the minutes of the meeting. 6.4.3.4. Notwithstanding the above, if the City Manager determines (in consultation with the City Attorney) that a written communication is either: (a) outside the subject matter jurisdiction of the City Council, or (b) disruptive to the orderly conduct of the Council meeting (pursuant to the criteria set forth in Sections 6.1.5 of this Resolution), then: (y) the City Clerk will provide a copy of the communication to each member of City Council, but (z) the written communication will be excluded from the meeting and excluded from the minutes of the meeting. 6.4.3.5. Any public record that relates to an agenda item for a City Council meeting, and is distributed to a majority of the members of City Council within 72 hours prior to the meeting, shall be made available for public inspection pursuant to California Government Code Section 54957.5, and shall be identified as part of the minutes of the meeting. 6.5. Meeting Breaks. 6.5.1. In addition to the recess between the Afternoon Session and the Evening Session for each regular meeting of the City Council, the Mayor shall have the authority to establish reasonable comfort breaks during the meeting. Generally, a recess of approximately 10 to 15 minutes will be taken if the Evening Session extends past 8:00 p.m. 6.5.2. No new item will be commenced after 10:00 p.m., unless authorized by a vote of the City Council. 6.5.3. Meetings will be adjourned at 12:00 a.m., unless extended (in 30 minute increments) by a vote of the City Council. 6.6. Parliamentarian. The City Attorney shall, as the parliamentarian for all meetings of the City Council, respond to questions from the Mayor or any member of City Council regarding procedure and compliance with this Resolution. The Mayor shall maintain the authority to make final decisions regarding the conduct of the meeting in compliance with this Resolution. The Mayor’s decision may be overridden by a vote of the City Council. Page 15 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 14 of 24 7. Council Attendance and Voting. 7.1. Attendance. Each member of Council is required to attend each meeting of the City Council, unless the member’s absence is excused by the Mayor or a vote of the City Council. If a member of Council anticipates being absent from or late to any meeting of the City Council, the member of Council shall provide prior notice to the City Clerk, the City Manager, or the Mayor. If a member’s absence is not excused, the City Council may order any or all of the following: compel attendance, find the member of Council in contempt of Council, impose a fine, or determine that the member of Council has vacated his or her office. (City Charter Section 11; and Napa Municipal Code Section 2.04.080.) 7.2. Quorum. Any three or more members of Council in attendance at a meeting shall constitute a quorum of the City Council. If less than a quorum of the City Council is in attendance at a Council meeting, no actions may be taken on behalf of the City Council, and the meeting may be adjourned pursuant to California Government Code Section 54955. 7.3. Responsibility to Vote. Each member of Council in attendance at a Council meeting has a responsibility to vote on each item presented to Council for action, unless the member of Council recuses himself or herself or abstains from voting (Napa Municipal Code Section 2.04.090) in accordance with the following: 7.3.1. Recusal. If a member of Council has a reasonable good faith belief that the member of Council is disqualified from voting on an item based on any law related to financial conflicts or bias (for example, California Government Code Sections 1090, 1126, or 87105; see summary of issues to consider related to potential conflicts of interest set forth on Exhibit “C,” attached hereto and incorporated herein by reference), the member of Council shall follow the following procedure: 7.3.1.1. Prior to the Council meeting, the member of Council may confer with the Fair Political Practices Commission if there is any doubt as to whether recusal is required, and the member of Council shall notify the City Attorney of the potential recusal as early as possible. 7.3.1.2. During the Council meeting, and immediately prior to the item being considered, the member of Council shall announce the intention to recuse himself or herself from voting on the item, and disclose the basis for recusal in sufficient detail to be understood by the public. 7.3.1.3. Prior to the item being considered, the member of Council shall leave the Council Chambers until after discussion and action on the item is completed. The member of Council shall not vote on the item. Provided, however, if the item is on the consent calendar, the member of Council need not leave the Council Chambers as long as the Councilmember does not vote on the item. Page 16 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 15 of 24 7.3.1.4. The member of Council shall not use his or her official position to influence the City’s action on the item. 7.3.1.5. The member of Council shall not be counted as a member of the quorum of the City Council for that item. In other words, for the purpose of counting votes for an item, a recusal by a member of Council shall be equivalent to an excused absence. 7.3.2. Abstention. If a member of Council has any legitimate basis for not voting on a particular item (other than that set forth in Section 7.3.1 of this Resolution), the member of Council may abstain from voting by complying with the following procedures: 7.3.2.1. Prior to the Council meeting, the member of Council shall notify the City Attorney of the potential abstention as early as possible. 7.3.2.2. During the Council meeting, and prior to the vote on the item being considered, the member of Council shall announce the intention to abstain from voting on the item, and disclose the basis for abstention in sufficient detail to be understood by the public. Examples of legitimate bases for abstention include: 7.3.2.2.1. The member of Council does not have sufficient information regarding the item under consideration (for example, the item was previously considered by the Council in the member’s absence, and the member of Council did not have an opportunity to review the record of Council’s previous consideration). 7.3.2.2.2. The member of Council is concerned about the perception of personal or financial conflict even if there is no reasonable good faith belief of a required disqualification (e.g., an effect on the financial interest of a relative [other than a spouse or dependent of the member of Council]). 7.3.2.3. Any member of Council who abstains from voting on an item shall be counted as a member of the quorum of the City Council, and the member shall be counted as acquiescing to the vote of the majority of those members voting on the item; provided, however, that member shall not be entitled to make a motion or make a second on the item, and that member shall not be entitled to make a motion for reconsideration. [As an example of counting votes of abstentions or recusals: (a) 2 yes, 2 no, and 1 abstain would fail; (b) 2 yes, 1 no, and 2 abstain would pass; (c) 2 yes, 2 no, and 1 recuse would fail; and (d) 2 yes, 1 no, and 2 recuse would pass.]. 7.3.3. Rule of Necessity. A member of Council who is recused from acting on an item pursuant to Section 7.3.1 of this Resolution, may be authorized to vote on that item if the member’s participation is found to be “legally required” (as Page 17 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 16 of 24 defined by California Government Code Section 87101). The fact that a member’s vote is needed to break a tie does not make participation “legally required”. 7.4. Processing Motions for Council Action. 7.4.1. At the invitation of the Mayor, the Mayor or any member of Council may make a motion for Council to take action on an item. The motion shall be clearly presented as: “I move that …” and clearly state the substance of the motion. The motion may be stated by reference to the Item number on the Council agenda, which shall be interpreted to mean a motion to approve the staff recommendation included in the Council Reports for the item. For example: 7.4.1.1. “I move approval of the consent calendar.” 7.4.1.2. “I move approval of staff’s recommendation for Item [state the number of the item].” 7.4.1.3. “I move approval of staff’s recommendation for Item [state the number of the item], with the following amendments …” and clearly state the substance of the amendments. 7.4.2. Before calling for the vote on an item, the Mayor or any Councilmember other than the maker of the motion shall clearly second the motion. Before the Mayor calls for the vote on an item, the City Manager, City Attorney, City Clerk, or a member of staff directly involved in presenting the item to Council, may request a clarification of the motion. 7.4.3. Before calling for the vote on an item, the Mayor shall identify the makers of the motion and the second, and the Mayor shall have the motion clearly repeated by, either: the Mayor, the maker of the motion, the City Clerk, or a member of City staff. 7.4.4. After the motion is moved, seconded, and repeated, the Mayor may invite further discussion on the item, or the Mayor may call for the vote on the motion (per Section 7.6 of this Resolution). If there is substantial discussion between the time the motion is repeated and the time the vote is called, the Mayor may request the motion to be repeated again per Section 7.4.3 of this Resolution. 7.5. Processing Modified or Multiple Motions for Council Action. 7.5.1. Prior to a Council vote on a motion, the maker of the motion may withdraw the motion without consent of any other member of Council. Page 18 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 17 of 24 7.5.2. Prior to a Council vote on a basic motion (under Section 7.4 of this Resolution), any member of Council may make a motion to amend (or a substitute motion). A motion to amend may include a motion to divide the basic motion into two or more separate motions. The motion to amend (or substitute motion) shall be clearly moved, seconded, and repeated, pursuant to Section 7.4 of this Resolution. 7.5.2.1. If a motion to amend (or substitute motion) is made and seconded, the Council shall vote on the amended motion (or substitute motion) before voting on the basic motion. If the amended motion (or substitute motion) is approved by Council, then the basic motion shall be rendered moot. If the amended motion (or substitute motion) is not approved by Council, then the Mayor may call for a vote on the basic motion. 7.5.3. In addition to the basic motion (under Section 7.4 of this Resolution), only one substantive motion to amend (or one substitute motion) shall be in order at any one time. Before a second motion to amend (or substitute motion) will be in order, the first motion to amend (or substitute motion) must be voted on by Council or withdrawn by the maker of the motion. 7.5.4. Procedural Motions. Notwithstanding the limitation of Section 7.5.3, in addition to the basic motion and any substantive motion to amend (or substitute motion), the following procedural motions shall be in order by any member of Council at any time; and, upon motion and second, the Mayor shall immediately call for a vote on the procedural motion without debate (unless otherwise specified below): 7.5.4.1. Motion to Adjourn to Another Time and Place. A motion to adjourn to another time and place shall identify the date, time, and place to which the meeting shall be adjourned (pursuant to California Government Code Section 54955); and, before calling for the vote on the motion, the motion shall be debatable only as to the date, time, and place of the meeting. 7.5.4.2. Motion to Recess. A motion to recess shall identify the length of the recess; and, before calling for the vote on the motion, the motion shall be debatable only as to the length of the recess. 7.5.4.3. Motion to Continue or Table. A motion to continue or table consideration of an item to a later date shall identify the date, time, and place to which the item will be reopened for consideration by the Council; and, before calling for the vote on the motion, the motion shall be debatable only as to the date, time, and place at which the time will be brought back to Council. The Council may direct the City Manager to bring the item back to Council on a date uncertain, subject to providing appropriate meeting notices per Sections 3 and 4 of this Resolution. Page 19 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 18 of 24 7.5.4.4. Motion to Limit Debate. A motion to limit debate on a substantive motion previously moved and seconded may either require the Mayor to immediately call for the vote on the substantive motion, or it may require the Mayor to limit debate on the substantive motion for a specified period of time. This motion is sometimes also referred to as a “call for the question.” 7.5.4.5. Point of Order. If any Councilmember believes that a rule of conduct for the meeting (including any rule set forth in this Resolution) is not being followed, the Councilmember may identify the issue by raising a point of order. If the Mayor agrees with the point, then the conduct of the meeting shall be modified to comply with the appropriate rule. If the Mayor disagrees with the point, the Mayor may be overridden by a vote of the Council on a motion to comply with the particular point of order. 7.6. Counting Votes for Council Action. 7.6.1. In calling for a vote by Council on a motion made and seconded in accordance with Sections 7.4 or 7.5 of this Resolution, the Mayor may call for a voice vote to identify each member of Council in favor of the motion and each member of Council against the motion. If the vote of each member of Council may not be clearly determined by voice vote, the Mayor may request a roll call vote (by voice or by voting machine). 7.6.2. At the conclusion of the vote, the Mayor shall announce the results of the vote. If the vote is not unanimous, the Mayor shall identify each member voting in favor and against the motion. For example: 7.6.2.1. “The Motion for Item [state the number of the item] is approved by unanimous vote.” 7.6.2.2. “The Motion for Item [state the number of the item] is approved by a vote of 4 to 1; Councilmember X voting against the motion.” 7.6.2.3. “The Motion for Item [state the number of the item] is rejected by a vote of 4 to 1; Councilmember X voting in favor.” 7.6.3. Unless otherwise required by law (including any State law, or City ordinance or resolution), in order for any action to be taken by City Council, it must be approved by a majority vote of the quorum of the City Council in attendance at a Council meeting. Therefore, if only three members of Council are in attendance at a Council meeting, only two members of Council are required to vote in favor of an action in order for it to be approved. 7.6.4. Examples of laws that require a “super-majority” vote of City Council include: Page 20 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 19 of 24 7.6.4.1. A “majority of the members” of City Council are required to approve an “emergency situation” in order to hold an emergency meeting of City Council (as referenced in Section 4.6 of this Resolution). In other words, three of the five members of Council must vote to approve the “emergency situation,” even if only three members are in attendance at the meeting at which the vote is taken. 7.6.4.2. The City Council may take action on an item not included on the Council agenda if there is a two-thirds vote of the members of City Council determining that there is a need to take immediate action and that the need to for action came to the attention of the City subsequent to the Council agenda being posted. Thus, four members of Council must vote to approve the action. (California Government Code Section 54954.2(b).) 7.6.5. Confirming findings or resolution. If a Council action on an item requires the City Council to take an action or make findings that are not included in the written Agenda Report, the City Council may direct the City Manager and the City Attorney to: (a) prepar e a resolution confirming the findings to support an action that City Council intends to take, and (b) bring the resolution back to City Council for consideration and approval at a subsequent Council meeting. When the resolution of findings is brought back to City Council for action, the resolution may be placed on the consent calendar for final action. 7.7. Motion to Reconsider. 7.7.1. After a vote on an item is taken by the City Council in accordance with this Resolution, that item shall be considered final by the City Council, and it may be reconsidered only in accordance with this Section 7.7. 7.7.2. Except to the extent reconsideration of an item is governed by particular legal requirements, and except for reconsideration of quasi-judicial decisions of the City Council (which are described in Section 7.7.3 of this Resolution), an action taken by City Council may be reconsidered only if a member of Council who voted in the majority (or super-majority, if required for approval of the item) makes a request within thirty-five (35) calendar days after the Council action), by either: (a) filing a written request for reconsideration with the City Clerk, or (b) making an oral request for reconsideration during a meeting of the City Council. 7.7.3. For reconsideration of quasi-judicial decisions of the City Council, an action taken by City Council may be reconsidered only if a member of Council who voted in the majority (or super-majority, if required for approval of the item) makes a request within ten (10) calendar days after the Council action), by either: (a) filing a written request for reconsideration with the City Page 21 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 20 of 24 Clerk, or (b) making an oral request for reconsideration during a meeting of the City Council. 7.7.4. If a request is made (pursuant to Section 7.7.2 or 7.7.3, above) at the same Council meeting and prior to action on the next item on the Council agenda, the Council may vote on the request for reconsideration at that time. If the motion for reconsideration is seconded, and approved by a vote of Council, the Mayor may invite a new substantive motion regarding the item at that time (e.g., repeal the previous action, and take a different or new substantive action). 7.7.5. If the request is made beyond the time limits of Section 7.7.4 (above), but the request is made during a public Council meeting within the time limits of Sections 7.7.2 or 7.7.3 (above; whichever provisions are relevant to the item under reconsideration), the City Council may vote on the procedural request for reconsideration at that time. If the procedural motion for reconsideration is seconded, and approved by a vote of Council, the Council shall identify the Council meeting at which the substance of the item shall be scheduled for reconsideration. The meeting for reconsidering the substance of the item shall be publicly noticed in the same manner as the notice for the initial action. 7.7.6. If the request is made beyond the time limits of Section 7.7.4 (above), but the request is submitted in writing to the City Clerk within the time limits of Sections 7.7.2 or 7.7.3 (above; whichever provisions are relevant to the item under reconsideration), the City Clerk shall schedule the procedural request for reconsideration at the next available meeting of the City Council. If the procedural motion for reconsideration is seconded, and approved by a vote of Council, the Council shall identify the Council meeting at which the substance of the item shall be scheduled for reconsideration. The meeting for reconsidering the substance of the item shall be publicly noticed in the same manner as the notice for the initial action. 7.7.7. Notwithstanding the limitations set forth above for reconsideration of a vote taken by Council, the Council may, at any time, consider the rescission or repeal of any final action which is not quasi-judicial by complying with all necessary legal requirements, including those set forth in this Resolution for the establishment of items for consideration by Council. 7.8. Challenging City Council Decisions. The time limit within which to commence any lawsuit or legal challenge to any quasi-judicial decision made by the City is governed by California Code of Civil Procedure Section 1094.6, unless a shorter limitation is specified by any other provision of law. Under Section 1094.6, any lawsuit or legal challenge to any quasi-judicial decision made by the City must be filed no later than the 90th day following the date on which the decision becomes final. Any lawsuit or legal challenge which is not filed within the 90-day Page 22 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 21 of 24 period will be barred. If a person wishes to challenge the nature of a City action in court, that person may be limited to raising only those issues that they or someone else raised at the meeting at which the action was taken, or in written correspondence delivered to the City at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies. 8. Meeting Minutes and Recordings. 8.1. The City Clerk shall keep an accurate written record of the proceedings of the City Council in the form of meeting minutes. The City Council hereby finds that compliance with the requirements of this Policy complies with the requirements of California Government Code Sections 36814 and 40801; City Charter Sections 61 and 65; and Napa Municipal Code Section 2.04.100. The meeting minutes shall be in the form of “action minutes.” After the minutes are recorded by the City Clerk, the minutes shall be brought back to City Council on the consent calendar for review, revisions to correct inaccuracies, and approval of the Council. The minutes shall include the elements identified in this Resolution, including the following: 8.1.1. Date, time, and place of the meeting as scheduled, and as actually occurred (including the starting and ending times for the meeting and any recesses taken during the meeting). 8.1.2. The type of meeting (as described in Sections 3 and 4 of this Resolution). 8.1.3. An identification of each item under consideration by City Council for the meeting. 8.1.4. The method by which notice was provided for the meeting, and for each item on the agenda. 8.1.5. The names of each member of Council in attendance and each absent member of Council. If a member of Council arrives late or leaves early, the time of arrival or leaving shall be identified. 8.1.6. A recordation of each vote taken during the meeting, including a clear identification of the maker of the motion and second, votes in favor, votes opposed, absences, recusals, and abstentions. The recordation of each vote shall include an identification of whether the motion was approved or failed, including an identification of any “super-majority” voting requirement (See Section 7.6 of this Resolution). 8.1.7. An identification by specific title and/or City numbering system, each ordinance, resolution, contract, or other document approved by the City Council. 8.1.8. Testimony presented during Council consideration of a hearing, appeal, or other action item shall identify the name of the speaker and a concise summary of the position presented. Page 23 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 22 of 24 8.1.9. Any documents or physical evidence presented to Council as a part of the record of proceedings in support of Council’s action on an item. 8.1.10. For the Public Comment portion of the meeting, the minutes will identify the name of the speaker and a concise summary of the topic presented. 8.1.11. Identify the date, time, and place to which any item is continued, or to which the meeting is adjourned. 8.2. The City may choose to record Council meetings using video or audio recording devices. However, any such recording shall be in addition to the meeting minutes described above. 8.3. Members of the public may record Council meetings, using video or audio recording devices, provided that the recording is not disruptive to the conduct of the meeting. (California Government Code Section 54953.5.) 8.4. Each City ordinance shall be published as follows: (1) no later than five days prior to the date on which the City Council will consider introduction of the ordinance, the City Clerk shall publish the title of the proposed ordinance in a newspaper of general circulation; and (2) no later than 15 days after Council has adopted an ordinance, the City Clerk will prepare the title and synopsis of the roll call vote of Council adopting the ordinance, and publish the title and synopsis in a newspaper of general circulation. 9. Communications Between City Council and City Staff; and Between City Council and Commissions and Outside Agencies. 9.1. The City Council shall provide direction to the City Manager to implement policies approved by the Council. The City Manager shall exercise executive and administrative authority over subordinate City employees to implement direction from the City Council. Individual members of Council will not interfere with the City Manager’s executive or administrative authority. Any concerns by an individual member of Council regarding the behavior or work of any City employee shall be privately communicated to the City Manager or the City Attorney to ensure that the concern is resolved. (See City Charter Sections 85 and 86, and Napa Municipal Code Chapter 2.08.) 9.2. Members of Council and City staff shall mutually respect their respective roles and responsibilities. City staff shall acknowledge and respect the City Council’s authority to establish policy on behalf of the City. Members of Council shall acknowledge and respect the City staff’s role in administering policy direction provided by City Council. 9.3. Within 3 days after each regular Council meeting, the City Manager and the City Clerk shall provide to the City Council a tentative agenda of items anticipated to be presented at future City Council meetings over the next three months. Page 24 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 23 of 24 9.3.1. Any member of Council may suggest changes to the tentative agenda, subject to approval by a vote of the City Council, during the portion of each Council meeting for “Brief Comments by Council or City Manager”. 9.3.2. Any member of Council may submit a written request for an action to be taken by Council during the portion of the meeting for “Brief Comments by Council or City Manager”; provided that the written request shall be limited to a concise written description of the requested action (along with backup materials provided by the member of Council, if any), and may not request any analysis by City staff without direction by a vote of the City Council. 9.4. Each member of City Council shall provide the City Clerk and the City Manager with up to date contact information for the purpose of communications from City staff to members of City Council, pursuant to the requirements of this Policy. Notices delivered by City staff to members of City Council, based on the contact information provided by each member of City Council, shall serve as sufficient notice of special meetings or emergency meetings of City Council (as described in Sections 4.1 and 4.6 of this Policy). 9.5. In an effort to encourage independent advice to the City Council from City Commissions (whose members are appointed by City Council), members of Council shall refrain from using their position to unduly influence the deliberations or actions of City Commission proceedings. Under limited circumstances, a member of Council may appear before a City Commission in the same manner as any other member of the general public solely to represent the member’s personal interests; however, under such circumstances, the member of Council shall clearly indicate that the member’s comments are based on the member’s personal interests, and the comments do not reflect the position of the City Council. In the absence of authority granted by a vote of the City Council to represent a position of the City Council, each member of Council shall take care when communicating with the public to distinguish personal opinions and comments from positions of the City Council. 10. Administrative Regulations. 10.1. The City Manager is authorized and directed to establish and maintain written administrative regulations to implement the policies set forth in this resolution, in accordance with the requirements of the City Charter, the Napa Municipal Code, and this resolution. The City Manager may delegate the duties and authority set forth in this resolution to the City Clerk or other qualified City employees, to be documented as a part of the administrative regulations. 10.2. The City Manager may include in the administrative regulations clarifications of protocols for communications between City staff and individual members of Council, in order to ensure that each member of Council has equal access to information from City staff. These protocols may also include the manner by Page 25 of 37 EXHIBIT “A” Resolution R2016-6 (Policy Resolution No. 19) EXHIBIT “A” Page 24 of 24 which written communications addressed to members of Council will be handled by City staff. 10.3. A copy of the administrative regulations shall be maintained in the office of the City Clerk. The administrative regulations shall be recommended for approval by the City Clerk, and subject to approval as to form by the City Attorney. The administrative regulations shall, at a minimum, address the standard procedures and guidelines related to the timing, procedures, and forms for the City staff’s preparation of public notices of City Council meetings, agendas for City Council meetings, agenda summary reports to City Council, and the attachment of any documents necessary to support staff’s recommendation for action by Council. Page 26 of 37 City Council – Brown Act Overview – Updated November 13, 2020 Policy Resolution No. 19, Exhibit “B” Page 1 of 3 POLICY RESOLUTION NO. 19 – EXHIBIT “B” OVERVIEW OF OPEN MEETING LAWS UNDER THE “BROWN ACT” (Updated November 13, 2020) The “Ralph M. Brown Act” (frequently referred to as the “Brown Act”) is the State law that requires the deliberations and actions of every “legislative body” (including the City Council) be conducted openly, with prior public notice, and an opportunity for the public to provide input on decision making activities.1 The Brown Act requires that each Council “meeting” (defined in Section 1, below) either: (a) fall within one of the narrow exceptions that have been established by the Legislature (defined in Section 2, below); or (b) follow particular procedural requirements so that the meeting is considered “open and public” (defined in Section 3, below). Any “meeting” of a majority of the members of Council that violates the Brown Act may result in criminal or civil penalties, attorney’s fees, and potential invalidation of the Council’s actions. Therefore, please contact the City Attorney if there is any question regarding the requirements of the Brown Act. 1. Definition of “meeting.” a. As a general rule, there is a “meeting” of the City Council whenever a majority of the Council (i.e., three members of a five-member Council) congregate at the same time and location to hear, discuss, deliberate, or take action upon any item that is within the subject matter jurisdiction of the Council. b. Prohibited “serial meeting.” There is a serial “meeting” of the Council, even if it occurs over time in different locations, if a majority of members use a personal or technological intermediary (e.g., phone, text, e-mail, letter, or personal messenger) to discuss, deliberate, or take action on any item within the subject matter jurisdiction of the Council. Thus, since there is a five-member Council, Councilmember “A” may speak with Councilmember “B” regarding Council business. However, Councilmember “A” and Councilmember “B” would then be precluded from discussing the same topics with any other member of Council, since to do so would mean that three members of Council would have “serially” discussed the same topic. i. Social media exception to “serial meeting.”2 Effective January 1, 2021, a member of Council may use a social media platform 1 The full text of the Brown Act (California Government Code Sections 54950 – 549563) is available on the City Attorney's Webpage on the City’s website. A link to the League of California Cities publication “Open & Public: A Guide to the Ralph M. Brown Act” is available on the website of the League of California Cities. 2 California Government Code Section 54952.2(b)(3). Page 27 of 37 City Council – Brown Act Overview – Updated November 13, 2020 Policy Resolution No. 19, Exhibit “B” Page 2 of 3 that is open and accessible to the public to answer questions from the public, provide information to the public, or solicit information from the public regarding a topic within the subject matter jurisdiction of the Council; provided that the members of Council do not directly communicate with one another regarding City business (i.e., members of Council may not directly respond in any way [including an emoji] to a message from another member of Council). 2. “Meeting” exceptions. Congregations of a three members of Council are not subject to other requirements of the Brown Act, if: (i) the members of Council do not discuss among themselves, other than as a part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the Council, and (ii) the congregation fits within one of the following limited and narrowly interpreted exceptions: a. A conference or similar gathering “open to the public” that involves a discussion of issues of general interest to the public or to public agencies similar to the City. b. An “open and publicized” meeting organized by a person or organization other than the City, to address a topic of local community concern. c. An “open and noticed” meeting of another body of the City, or of a legislative body of another local agency. d. A purely social or ceremonial occasion. 3. Definition of an “open and public” meeting, for compliance with the Brown Act.” The “open and public” procedural requirements of the Brown Act are outlined in more detail in the body of Policy Resolution No. 19 (at the Policy Section numbers identified below), including the following: a. Staff will prepare and post the written agenda. (Policy Sections 3 and 4.) b. Meetings will be conducted at a location that is accessible to the public. (Policy Sections 3.2 and 4.1.2.) c. Meetings will be conducted in accordance with the written agenda. For items not on the agenda, there will be an opportunity for the public to address the Council (for matters within the subject matter jurisdiction of the Council), but the Council is limited in its ability to respond to items not on the agenda. (Policy Sections 5, and 5.4.5.) Page 28 of 37 City Council – Brown Act Overview – Updated November 13, 2020 Policy Resolution No. 19, Exhibit “B” Page 3 of 3 d. The Council will provide opportunities for public participation, and allow the public to record the meeting; but the Council is authorized to limit disruptive conduct. (Policy Sections 6 and 8.3.) e. The Council will take its actions in a clear and open manner, and no actions will be taken by secret ballot. (Policy Sections 6 and 7.) f. The Council will make records related to the meeting available to the public. (Policy Section 6.4 .) Page 29 of 37 City Council -Conflicts of Interest Overview – Updated November 13, 2020 Policy Resolution No. 19, Exhibit “C” Page 1 of 8 POLICY RESOLUTION NO. 19 – Exhibit “C” OVERVIEW OF CONFLICTS OF INTEREST LAWS AND REGULATIONS (Updated November 13, 2020) The primary purposes of this overview are to: (a) assist each member of the City Council (“Councilmember”) in identifying potential “conflicts of interest” (a City action that has a potential impact, positive or negative, on a Councilmember’s personal interest), and (b) encourage Councilmembers to seek legal assistance from the City Attorney’s Office if there is any potential conflict of interest related to a City action, in order to (c) identify the steps that must be taken by the Councilmember to avoid any conflict of interest. This overview is organized in four numbered sections, including: (1) Identifying and Avoiding Potential Conflicts of Interest, (2) Financial Disclosure Requirements (FPPC Forms 700 and 806), (3) Ethics Training and Education (AB 1234), and (4) Aspirational Ethical Guidelines, and Additional Resources. 1. Identifying and Avoiding Potential Conflicts of Interest. There are five potential categories of conflict of interest laws, summarized below, that define the parameters by which a Councilmember must take actions to avoid a conflict between a personal interest and a City action, including: (a) the Political Reform Act, as implemented by the Regulations of the Fair Political Practices Commission (“FPPC”);1 (b) Interests in City Contracts (Government Code Section 1090); (c) common law conflicts of interest (such as bias and due process); (d) common law conflicts of interest based on incompatibility of office; and (e) City Charter Section 103 (prohibitions on accepting gifts). a. Political Reform Act. As a general rule, no Councilmember shall make, participate in making, or in any way attempt to use his or her City position to influence a City decision if it is reasonably foreseeable that the City decision will have a material financial effect on a financial interest of the Councilmember.2 The key elements of this general rule are summarized, below: i. Identify the Councilmember’s “financial interest” that could potentially be affected by the City action, including: (1) an ownership or rental interest in real property worth at least $2,000, (2) a source of income of $500 or more within 12 months of the action, (3) a source of a gift of $500 or more within 12 months of the action,3 (4) a business entity investment worth at least $2,000, (5) a business entity in which 1 California Government Code §§ 87100, et seq.; and California Code of Regulations, Title 2, Division 6, (the “FPPC Regulations”), particularly Chapter 7 (§§ 18700, et seq.) 2 FPPC Regulations § 18700. 3 California Government Code § 89503, and FPPC Regulations § 18940.2 (the $500 threshold will be increased to $520 as of January 1, 2021; and it is updated December 31, 2022, and every two years thereafter). Page 30 of 37 City Council -Conflicts of Interest Overview – Updated November 13, 2020 Policy Resolution No. 19, Exhibit “C” Page 2 of 8 Councilmember is an officer, director, or employee, or (6) personal finances of the Councilmember. • Under State law, a Councilmember’s financial interests are deemed to include the financial interests of the Councilmember’s spouse or dependent child.4 • Immediate Family Members. While State law defines the interest of a family member to be based on whether the family member is a spouse or dependent, any City action that relies on federal funding is subject to the much tighter restrictions of federal law. Under federal law, a Councilmember must avoid a conflict involving “immediate family ties” which is defined to include (whether by blood, marriage, or adoption): the Councilmember’s spouse, parent (including a stepparent), child (including a stepchild), brother, sister (including a stepbrother or stepsister), grandparent, grandchild, and in-laws. ii. Is it “reasonably foreseeable” that a City decision will have any financial effect on a “financial interest”? (1) If the financial interest is “explicitly involved” (e.g., a named party, applicant, or property) in the City decision, then “reasonable foreseeability” is presumed. (2) If the financial interest is not “explicitly involved,” then the financial effect is reasonably foreseeable if it is a “realistic possibility” but more than “hypothetical or theoretical.” iii. Will the reasonably foreseeable financial effects be “material”? If the financial interest is directly involved in the City decision, “materiality” is presumed. Otherwise, the “materiality” element of the analysis includes far too many variables to summarize in this overview. It is recommended that questions regarding “materiality” be discussed with the City Attorney’s Office. Emphasizing that this is not an exhaustive list, some examples of likely “material” financial effects on financial interests include City decisions that: (1) impact property within 1,000 feet of Councilmember’s real property interest, or impact the value, development potential, or ability to use the real property; (2) cause a measurable financial benefit or loss to the Councilmember’s personal finances, or to an individual who is a financial interest (e.g., source of income or gift); or (3) contribute to a change in the value of a privately held business (or stock value of a publicly traded business) that is a financial interest. A financial effect is not material if it is “nominal, inconsequential, or insignificant.” 4 California Government Code § 82029, and FPPC Regulations § 18700. Page 31 of 37 City Council -Conflicts of Interest Overview – Updated November 13, 2020 Policy Resolution No. 19, Exhibit “C” Page 3 of 8 iv. Is there any exception that permits the Councilmember to participate in a City decision that has a reasonably foreseeable material financial effect on a financial interest? Again, although it is not feasible to provide a comprehensive list of exceptions, some examples of situations in which a Councilmember is permitted to participate include: (1) The material financial effects of the City decision on the Councilmember are indistinguishable from the effects on the public generally. (2) The Councilmember is “legally required” to participate in the decision, generally due to a majority of Councilmembers having a material financial interest; which requires a random selection of Councilmembers necessary to establish a quorum. (3) The City decision can be segmented into a portion for which the Councilmember does have a material interest (which is considered first, without participation by the Councilmember), and a separate portion for which the Councilmember does not have a material interest (which is considered second, with participation by the Councilmember). v. Process for disclosure and recusal:5 If it is reasonably foreseeable that a City decision will have a material financial effect on a Councilmember’s financial interest, and there is no applicable exception that permits the Councilmember to participate in the decision, then: • The Councilmember is precluded from making, participating in making, or in any way attempting to use his or her official position to influence the City decision (this includes any negotiations, and any contact by the Councilmember with any other City official or employee, for the purpose of attempting to influence the City decision). • If the Councilmember is on the dais during a Council meeting, when the item is announced (and before substantive discussion on the item begins), the Councilmember is required to: (a) disclose the financial interest and intent to recuse from any participation in the discussion, and (b) step down from the dais and leave the room while the item is being discussed (however, a Councilmember may remain in the room, and simply recuse from voting, if the item is on the consent calendar). • As exceptions to the above processes: (a) the Councilmember is permitted to appear before Council if the Councilmember recuses and steps down from the dais, and is appearing as a member of the general public 5 FPPC Regulations § 18704. Page 32 of 37 City Council -Conflicts of Interest Overview – Updated November 13, 2020 Policy Resolution No. 19, Exhibit “C” Page 4 of 8 for the sole purpose of presenting his or her personal interests (and not in representation of another); and (b) if the Councilmember is a design professional (architect, engineer, or similar), the Councilmember is permitted to submit design drawings to the City on behalf of a client, and discuss the design with City staff. b. Interests in City Contracts (Government Code Section 1090). Under Government Code Sections 1090 through 1099, a Councilmember is generally prohibited from being “financially interested” in a City contract. For the purpose of Section 1090, a Councilmember may have a “financial interest” in a contract even if the Councilmember receives no compensation from the contract (e.g., an uncompensated officer of certain types of non-profit entities).6 However, there are three categories of interests under Section 1090 that, depending on the category: (1) will absolutely preclude the City from entering into the contract (for any financial interest that is not defined as a “non-interest” or a “remote interest”); (2) will require a Councilmember to recuse from participation similar to the requirements under the Political Reform Act, summarized above (if the interest is defined as a “remote interest”);7 or (3) may allow a Councilmember to participate (if the interest is defined as a “non-interest”).8 i. It is very important for a Councilmember to contact the City Attorney’s Office if there is any possibility that the Councilmember has any interest in a contract being considered by the City (even if the interest is as an uncompensated member or officer of a non-profit entity), since the penalties for a violation of Section 1090 are severe, including criminal and monetary penalties against the Councilmember, and the contract being rendered void and unenforceable. c. Common Law / Appearance of Bias / Due Process. In addition to the statutory prohibitions against financial conflicts of interest discussed above, there is also a legal doctrine based on common law (articulated by the courts), that requires public officials to use their official positions for the benefit of the public. i. Generally, a Councilmember is impliedly bound to exercise the powers conferred on him or her with disinterested zeal, skill and diligence for the benefit of the public.9 Therefore, a Councilmember must abstain from participation in a City decision if the Councilmember’s personal interests (including 6 See, for example, California Government Code §§ 1091(b) and 1091.5(a)(8). 7 See, for example, California Government Code § 1091. 8 See, for example, California Government Code § 1091.5. 9 Noble v. Palo Alto (1928) 89 Cal.App. 47, 51. Page 33 of 37 City Council -Conflicts of Interest Overview – Updated November 13, 2020 Policy Resolution No. 19, Exhibit “C” Page 5 of 8 the interests of a personal friend or family member) conflict with the duty that the Councilmember owes to the broader public good; and the Councilmember should abstain if there is a perception of any similar conflict.10 ii. A related legal principle requires decisions by Councilmembers be made with "due process," which requires Councilmembers to be "impartial" on matters that are presented to City Council for a decision. A Councilmember may maintain impartiality even if the member voices an opinion regarding a particular matter prior to the Council taking action - as long as the Councilmember remains open to hearing competing information and ideas prior to making a final decision.11 In other words, it is important that a Councilmember does not indicate that his or her “mind has been made up” before hearing all sides of an issue during a public meeting. Similarly, a Councilmember should take care to avoid becoming personally embroiled in (or advocating for or against) any particular side of an issue prior to a hearing. d. Common Law - Incompatibility of Office. Under the doctrine of "incompatibility of office," a Councilmember is legally precluded from simultaneously holding two public offices if there is a significant clash of duties or loyalties between the two offices.12 i. “Public offices” subject to this doctrine include those with a right, authority, and duty created and conferred by law, with a tenure that is not transient, occasional, or incidental.13 Examples of the types of “clashes” that have been found incompatible include: exercising supervisory, auditory, appointive, or removal power over the other. Examples of the types of offices that have been found “incompatible” under this doctrine include the offices of fire chief of a county fire protection district and a member of the county board of supervisors, offices of school board member and City Planning Commission member, and offices of the city and county planning commission. ii. Under this common law doctrine, when a public official is found to have accepted two incompatible public offices, the first office is automatically vacated. Therefore, it is recommended that a Councilmember consult with the City Attorney’s Office prior to accepting a second position with another legislative body. 10 See California Government Code § 1126 regarding incompatible activities. 11 City of Fairfield v. Superior Court (1975) 14 Cal.3d 768, 779. 12 66 Cal.Op.Atty.Gen. 293 (1983). 13 People ex rel. Chapman v. Rapsey (1940) 16 Cal.2d 636, 639-640. Page 34 of 37 City Council -Conflicts of Interest Overview – Updated November 13, 2020 Policy Resolution No. 19, Exhibit “C” Page 6 of 8 e. Acceptance of Gifts. As a broad general statement, City officials are legally prohibited from accepting any gift if: (1) the gift is provided by any person who is engaged in business with (or who is endeavoring to secure a contract with) the City; 14 or (2) the gift is provided by a public utility; or (3) the value of gifts from a single source15 exceeds $500 in a calendar year.16 City Charter section 103 provides (in relevant part): “No member of the City Council or other officer or employee of the City shall knowingly accept any gift, frank, free ticket, pass, reduced price or reduced rate of service from any person, firm or corporation operating a public utility or engaged in business of a public nature with the City or from any person known to him to have or to be endeavoring to secure a contract with the City. Any officer or employee violating any provision of this section shall be guilty of malfeasance and shall be removed from office.” i. The City has historically interpreted the term “gift” (as used in the City Charter) in a manner consistent with the interpretation of State law (under the Political Reform Act17 and the implementing regulations of the FPPC).18 ii. Therefore, a gift is not “accepted” and the City Charter is not violated if the recipient of the gift takes one of the following actions, as established by the FPPC:19 • The gift is returned, unused, to the donor within 30 days of receipt. • The gift is donated, unused, to a charitable organization (non-profit, tax-exempt 501(c)(3)) within 30 days of receipt, and the gift is not claimed as a charitable contribution for tax purposes. • The gift is donated, unused, to a federal, state, or local government agency within 30 days of receipt, and the gift is not claimed as a charitable contribution for tax purposes. • The recipient, within 30 days of receipt, reimburses the donor for the value of the gift. 14 City Charter § 103. 15 FPPC Regulation § 18945.1 defines a “single source” of gifts, which generally includes an aggregation of gifts from multiple sources if gifts are directed and controlled by a majority of the same people. 16 California Government Code § 89503; and FPPC Regulation § 18940.2 ((the $500 threshold will be increased to $520 as of January 1, 2021; and it is updated December 31, 2022, and every two years thereafter). 17 California Government Code §§ 87100 through 87450. 18 FPPC Regulations §§ 18700 through 18720, and 18940 through 18961. 19 California Government Code § 82028; and FPPC Regulation §§ 18940 through 18961. Page 35 of 37 City Council -Conflicts of Interest Overview – Updated November 13, 2020 Policy Resolution No. 19, Exhibit “C” Page 7 of 8 iii. There are additional exceptions to the definition of gift, that generally relate to payments that are made based on relationships outside the Councilmember’s status as a public official. 20 However, many of these definitions turn on very specific facts, and it is recommended that the City Attorney’s Office be contacted if a Councilmember has any questions regarding the propriety and legality of accepting certain categories of gifts. 2. Financial Disclosure Requirements (Form 700 and 806). Biennially, every even year, the City Council adopts the City’s “Local Conflict of Interest Code,”21 which identifies the City employees, officials, and consultants who are required to prepare and file a Statement of Economic Interests (commonly referred to as “Form 700”). The Local Conflict of Interest Code also identifies the substance of what financial interests are required to be reported for each member, as well as the procedures for filing (including electronic filing). Councilmembers are required to file a Form 700, and Councilmembers may be required to file additional financial disclosure forms (such as Form 806, that applies to Councilmembers who hold compensated positions on other appointed boards). Helpful information regarding Form 700 filings is also available on the FPPC website,22 and the City Clerk is available to answer questions regarding applicable requirements. In general, a Form 700 is required to be filed: (a) within 30 days of assuming office, (b) annually, prior to April 1 of each year, and (c) within 30 days after leaving office; and any violation of the filing requirements, including late filing, is subject to administrative, criminal, or civil sanctions.23 3. Ethics Training and Education (AB 1234). Each Councilmember is required to receive biennial (once every two years) training regarding general ethical principles and ethics laws.24 This is known as “AB 1234” training, based on the 2005 Assembly Bill that established the requirements. The training is available from various sources, including online training through the websites of the FPPC and the California Attorney General25 and the Institute for Local Government.26 Evidence of completion of the training must be filed with the City Clerk. 20 The City Attorney has summarized additional information regarding the legal parameters for the “Limitations on Receiving Gifts” in Administrative Regulation 3.02.002. 21 The Council approved an update to the Local Code on September 15, 2020 (R2020-111). Consult with the City Clerk for the most recent Local Conflict Code. 22 http://www.fppc.ca.gov/Form700.html 23 FPPC Regulation § 18730. 24 California Government Code §§ 53234, et seq. 25 http://localethics.fppc.ca.gov/login.aspx 26 http://www.ca-ilg.org/post/ab-1234-self-study Page 36 of 37 City Council -Conflicts of Interest Overview – Updated November 13, 2020 Policy Resolution No. 19, Exhibit “C” Page 8 of 8 4. Aspirational Ethical Guidelines, and Additional Resources. It is an accepted tenet of our democratic tradition that while City officials (including Councilmembers) wield the power of local government, they must only do so as stewards of public resources and holders of the public trust. For this reason, City officials are held to high standards of ethical conduct that go beyond compliance with the obligations imposed by law (that are summarized in this overview). When City officials strive to achieve these higher ethical standards (e.g., trustworthiness, responsibility, respect, loyalty, compassion, and fairness), actions will be taken that are in the best interests of the City and the whole community, and that will serve as a positive example to co- workers, residents, businesses, and visitors. a. There are extremely helpful supplemental resources available to assist Councilmembers in taking ethical actions that avoid conflicts of interest, including: (1) the “Ethics and Transparency” webpage of the Institute for Local Government,27 and (2) the FPPC Advice webpage.28 b. Because conflict of interest laws are voluminous and complex, Because the application of these conflict of interest regulations can be a complicated and fact-specific inquiry, and because the penalties for violations may be severe (including civil penalties, forfeiture of office, or criminal sanctions), it is strongly recommended that each Councilmember seek more particular advice from the City Attorney’s Office as early as possible. 27 http://www.ca-ilg.org/ethics-transparency 28 http://www.fppc.ca.gov/advice.html Page 37 of 37